공정거래법상 지주회사 규제의 문제점과 개선방안

Abstract

This paper is concerned with the legislations of holding companies which have excessively been regulated by the government. Emphasis is placed on the validity of the regulations of the holding companies. Therefore, this article aims to provide the problems regarding the validity of the regulations of the holding companies and then to solve the various and rigid regulations of the holding companies. The problems of the regulations are as follows: Above all, compared some policies of the holding companies in other countries, there are various strict legislations on them in korea, also there are no harmonizations with the other countries containing Japan and U.S and finally there has been set against the tendency of the U.S. Federal Cases. Because of these reasons, many side-effects have been arisen nearly every aspects. For instance, the regulations and policies on holding company have infringed the rights of business of the company and shrinked the applications of the corporate governance. Making that negative impact as small as possible, we should promote competition and evaluate the effectiveness of the holding companies. Whether we like it or not, in ways that are mostly positive, in an age of information and global competition, as the world′s economies are more and more interconnected and interdependent, to promote competition in Korea whose circumstances are not favorable to develop market economy, It has generally been argued that we will amend strict sanctions against holding companies imposed by Fair Trade Act.